Kirima Sons Want Suit Dismissed

Kirima Sons Want Suit Dismissed

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Sam Kiplagat

31 August 2010


Nairobi — Two sons of real estate tycoon Gerishon Kirima want a case filed by their step-mother dismissed, saying she no longer had the power to challenge the management of the estate.

In an application filed in court on Tuesday, sons Wanjau and Steve Kirima argue that the power of attorney given to Mrs Teresia Wairimu Kirima by their father had since been revoked.

"As such, she does not have locus standi to institute any proceedings challenging the management of Kirima and Sons," reads part of the application.

Their lawyer, Mr Roger Sagana, said the revocation of the power of attorney was made on August 21.

The two sons want a case their step-mother has filed dismissed, arguing that she has no property rights to the estate and her plans to restrain any partner from exercising proprietary rights was misconceived.

Mrs Kirima moved to court under a certificate of urgency claiming she had been barred from accessing her husband at Nairobi Hospital.

On Tuesday, Lady Justice Roseline Wendoh said the hospital and two doctors who had been sued in the case do not need to file their replies because Mr Kirima was no longer admitted to the hospital.

Mrs Kirima had sued doctors Frank Njenga and David Oluoch.

In the application, Mrs Kirima wants her two step-sons barred from running or interfering with their father's businesses.

In her affidavit, she accuses Water minister Charity Ngilu of assisting her step-children to sneak out her husband from his Kitisuru home on August 8.

She says Mr Kirima was sneaked out soon after Mrs Ngilu and former Maendeleo Ya Wanawake chairperson Jane Kiano visited the home and met the whole family.

The case could not proceed on Tuesday after the court was told that Mrs Kirima's lawyer was ill.

The case will be heard on September 2.

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